DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) While the petitioner was working as a Head Clerk in the Audit Office of the Co-operative Society, Punjab, an F.I.R. under Sections 409, 467, 468, 471 and 477-A of the Indian Penal Code was lodged against him on July 24, 1975. On the same day, the petitioner was put under suspension. The trial Court convicted the petitioner on June 3, 1993. On the basis of the misconduct, which led to the conviction, the petitioner was dismissed from service on March 29, 1984. The appeal filed by the petitioner before the Additional Sessions Judge was partially allowed on February 23, 1985. However, on a revision filed by the petitioner, this Court acquitted the petitioner on May 15, 1987. The S.L.P. filed by the State against the decision of this Court in the revision petition was dismissed on April 24, 1989. The petitioner made a representation to the respondent that he having been acquitted is entitled to reinstatement. The respondent- Department reinstated the petitioner on December 11, 1989, and by the same order, he was put under suspension retrospectively w.e.f. March 29, 1984, i.e. the date when dismissal order was passed. The petitioner has challenged this order of December 11, 1989, by way of the present writ petition.

(2.) The case of the respondent is that since a departmental enquiry was contemplated against the petitioner on the basis of the misconduct which led to his conviction, the respondent- Department was entitled, on the re-instatement of the petitioner, to put him under suspension restropectively w.e.f. the date of his initial dismissal.

(3.) The Motion Bench while initially issuing notice of motion on April 20, 1990, stayed the further proceedings in the enquiry against the petitioner. However, while admitting the writ petition on May 31, 1990, the Motion Bench allowed the respondents to go ahead with the departmental enquiry but passing of the final order thereon was stayed.